John Swinney has said he is willing to work the UK Government to outlaw sexually explicit deepfake images.
Earlier this month UK ministers announced their intention to crack down on those creating and sharing deepfakes, with penalties going up to a two-year jail term.
Deepfakes are images generated or edited using artificial intelligence which strongly resemble real people.
There has been growing concern around the use of AI to create sexually explicit deepfakes, the vast majority of which depict women and girls.
The First Minister indicated he is willing to deal with the issue through legislative consent, where Holyrood allows Westminster to legislate in an area which is normally devolved.
Labour’s Pauline McNeill raised the issue at First Minister’s Questions, saying it is particularly “unsettling” that those creating deepfakes sometimes know their victims personally.
She gave an example of schoolgirls becoming aware that male classmates were making deepfakes of them, and she urged the Government to close any legal loopholes.
The First Minister said the publication or distribution of sexually explicit deepfakes can currently be prosecuted under exiting offences relating to the “disclosure of intimate images”.
However he recognised deepfakes are a “growing problem which we take very seriously”.
He said: “We are carefully considering whether specific legislation is required to provide greater protection to those at risk of image-based abuse.
“This work includes giving consideration to UK Government plans to criminalise the creation of deepfake images – extending to Scotland.
“This would require legislative consent and we are open to working with the UK Government on this question.”
